A protectorate, in its inception adopted by modern international law, is a dependent territory that has been granted local autonomy and some independence while still retaining the suzerainty of a greater sovereign state. In exchange for this, the protectorate usually accepts specified obligations, which may vary greatly, depending on the real nature of their relationship. Therefore, a protectorate remains an autonomous part of a sovereign state. They are different from colonies as they have local rulers and people ruling over the territory and experience rare cases of immigration of settlers from the country it has suzerainty of. However, a state which remains under the protection of another state but still retains independence is known as a protected state and is different from protectorates.

Contents

Rationale1

Amical protection1.1

Colonial protection of the International Law1.2

Foreign relations1.3

Belgian2

British protectorates3

Americas3.1

Arab World3.2

South and South East Asia3.3

De facto protectorates3.3.1

Sub-Saharan Africa3.4

Oceania3.5

Chinese4

Dutch5

French protectorates6

Asia6.1

Arab World and Madagascar6.2

Sub-Saharan Africa6.3

Oceania6.4

German7

Italian8

Japanese9

Portuguese10

Russian11

Spanish12

United States13

Contemporary usage by the United States13.1

United Nations14

Joint protectorates15

See also16

Notes17

References18

French18.1

Rationale

Amical protection

In amical protection, the terms are often very favorable for the protectorate. The political interest of the protector is frequently moral (a matter of accepted moral obligation, prestige, ideology, internal popularity, dynastic, historical or ethno-cultural ties, etc.) or countering a rival or enemy power (e.g., preventing the rival from obtaining or maintaining control of areas of strategic importance). This may involve a very weak protectorate surrendering control of its external relations; this, however, may not constitute any real sacrifice, as the protectorate may not have been able to have similar use of them without the protector's strength.

Amical protection was frequently extended by the great powers to other Christian (generally European) states and to smaller states that had no significant importance. In the post-1815 period, non-Christian states (such as China's Qing dynasty) also provided amical protection towards other much weaker states.

In modern times, a form of amical protection can be seen as an important or defining feature of microstates. According to the definition proposed by Dumienski (2014): "microstates are modern protected states, i.e. sovereign states that have been able to unilaterally depute certain attributes of sovereignty to larger powers in exchange for benign protection of their political and economic viability against their geographic or demographic constraints"[1] Examples of microstates understood as modern protected states include such states as Liechtenstein, San Marino, Monaco, Niue, the Cook Islands or Palau.

Colonial protection of the International Law

Conditions regarding protection are generally much less generous for areas of colonial protection. The protectorate was often reduced to a de facto condition similar to a colony, but using the pre-existing native state as an agent of indirect rule. Occasionally, a protectorate was established by or exercised by the other form of indirect rule: a chartered company, which becomes a de facto state in its European home state (but geographically overseas), allowed to be an independent country which has its own foreign policy and generally its own armed forces.

In fact, protectorates were declared despite not being duly entered into by the traditional states supposedly being protected, or only by a party of dubious authority in those states. Colonial protectors frequently decided to reshuffle several protectorates into a new, artificial unit without consulting the protectorates, a logic disrespectful of the theoretical duty of a protector to help maintain its protectorates' status and integrity. The Berlin agreement of February 26, 1885 allowed the colonial powers to establish protectorates in Black Africa (the last region to be divided among them) by diplomatic notification, even without actual possession on the ground. A similar case is the formal use of such terms as colony and protectorate for an amalgamation, convenient only for the colonizer or protector, of adjacent territories over which it held (de facto) sway by protective or "raw" colonial logic.

Foreign relations

In practice, a protectorate often has direct foreign relations only with the protecting power, so other states must deal with it by approaching the protector. Similarly, the protectorate rarely takes military action on its own, but relies on the protector for its defence. This is distinct from annexation, in that the protector has no formal power to control the internal affairs of the protectorate.

Protectorates differ from League of Nations Mandates and their successors, United Nations Trust Territories, whose administration is supervised, in varying degrees, by the international community. A protectorate formally enters into the protection through a bilateral agreement with the protector, while international mandates are stewarded by the world community-representing body, with or without a de facto administering power.

British protectorates

A protectorate is a territory which is not formally annexed but in which, by treaty, grant or other lawful means, the Crown has ultimate power and jurisdiction.[2]

A protectorate differs from a "protected state". A protected state is a territory under a ruler which enjoys Her Britannic Majesty's protection, over whose foreign affairs she exercises control, but in respect of whose internal affairs she does not exercise jurisdiction.[2]

Some British colonies were ruled directly by the Colonial Office in London, while others were ruled indirectly through local rulers who are supervised behind the scenes by British advisors. In 1890 Zanzibar became a protectorate (not a colony) of Britain. Prime minister Salisbury explained his position:

The condition of a protected dependency is more acceptable to the half-civilised races, and more suitable for them than direct dominion. It is cheaper, simpler, less wounding to their self-esteem, gives them more career as public officials, and spares of unnecessary contact with white men.[3]

The Princely States of India were ruled indirectly.[4] So too was much of the West African holdings.[5]

When King George III issued The Royal Proclamation of 1763 he established the framework for the negotiation of treaties with the Aboriginal inhabitants of large sections of North America and legally defined an area of the North American interior as a vast Indian reserve. King George reserved the western lands to the "several nations or tribes of Indians" that were under his "protection" as their exclusive "hunting grounds." As sovereign of this territory, however, the king claimed ultimate "Dominion" over the entire region. These nations or tribes would be considered protectorates by treaty. The treaty-making procedures that evolved in the crown colony of Upper Canada were later exported to the territories purchased in 1870 by the new Dominion from the Hudson's Bay Company. A basis of land tenure was established throughout most of the prairie provinces and Northern Ontario, where seven numbered treaties were negotiated in the 1870s, on the principles outlined in the Royal Proclamation of 1763. In other large areas of the country where the treaty-making provisions of the Royal Proclamation have never been implemented, Aboriginal land rights are legally enforceable.[6]

When the British took over Cephalonia in 1809, they proclaimed, "We present ourselves to you, Inhabitants of Cephalonia, not as invaders, with views of conquest, but as allies who hold forth to you the advantages of British protection." When the British continued to occupy the Ionian Islands after the Napoleonic wars, they did not formally annex the islands, but described them as a protectorate. The islands were constituted by the Treaty of Paris in 1815 as the independent United States of the Ionian Islands under British protection. Similarly, Malta was a British protectorate between the capitulation of the French in 1800 and the Treaty of Paris of 1814.

Other British protectorates followed. In the Pacific Ocean the sixteen islands of the Gilberts (now Kiribati) were declared a British Protectorate by Captain Davis R.N., of HMS Royalist between 27 May and 17 June 1892. The Royalist also visited each of the Ellice Islands and Captain Davis was requested by islanders to raise the British flag, but he did not have instructions to declare the Ellice Islands as a protectorate.[7] The nine islands of the Ellice Group (now Tuvalu) were declared a British Protectorate by Captain Gibson R.N., of HMS Curacoa, between 9 and 16 October of the same year.[8] Britain defined its area of interest in the Solomon Islands in June 1893, when Captain Gibson R.N., of HMS Curacoa, declared the southern Solomon Islands as a British Protectorate with the proclamation of the British Solomon Islands Protectorate.[9]

In 1894, Prime Minister William Ewart Gladstone's government officially announced that Uganda was to become a British Protectorate, where Muslim and Christian strife had attracted international attention. The British administration installed carefully selected local kings under a program of indirect rule through the local oligarchy, creating a network of British-controlled civil service. Most British protectorates were overseen by a Commissioner or a High Commissioner, rather than a Governor.

British law makes a distinction between a protectorate and a protected state. Constitutionally the two are of similar status where Britain provides controlled defence and external relations. However, a protectorate has an internal government established, while a protected state establishes a form of local internal self-government based on the already existing one.

Persons connected with former British protectorates, protected states, mandated or trust territories may remain British Protected Persons if they did not acquire the nationality of the country at independence.

The last British protectorate proper was Solomon Islands, which gained independence in 1978; the last British protected state was Brunei, which gained full independence in 1984.

Dutch

French protectorates

Saar (1947–1956), not colonial or amical, but a former part of Germany that would by referendum return to it, in fact a re-edition of a former League of Nations mandate. Most French protectorates were colonial:

Asia

Present India: Arkat (Arcot/Carnatic) was 1692–1750 a French protectorate until 1763 independence recognized under British protectorate

Arab World and Madagascar

Comoros 21 April 1886 French protectorate (Anjouan) till 25 July 1912 when annexed.

Present Djibouti was originally, since 24 June 1884, the Territory of Obock and Protectorate of Tadjoura (Territoires Français d'Obock, Tadjoura, Dankils et Somalis), a French protectorate recognized by Britain on 9 February 1888, renamed on 20 May 1896 as French Somaliland (Côte Française des Somalis).

Mauritania on 12 May 1903 French protectorate; within Mauritanian several traditional states:

Adrar emirate since 9 January 1909 French protectorate (before Spanish)

The Taganit confederation's emirate (founded by Idaw `Ish dynasty), since 1905 under French protectorate.

Kingdom of Imerina under French protectorate, 6 August 1896. French Madagascar colony, 28 February 1897.

Tunisia, 12 May 1881 becomes a French protectorate by treaty to 20 March 1956 when terminated.

Sub-Saharan Africa

The legal regime of "protection" was the formal legal structure under which French colonial forces expanded in Africa between the 1830s and 1900. Almost every pre-existing state in the area later covered by French West Africa was placed under protectorate status at some point, although direct rule gradually replaced protectorate agreements. Formal ruling structures, or fictive recreations of them, were largely retained as the lowest level authority figure in the French Cercles, with leaders appointed and removed by French officials.[15]

Wallis declared to be a French protectorate by King of Uvea and Captain Mallet, 4 November 1842. Officially in a treaty becomes a French protectorate, 5 April 1887 until 1917 when it got annexed.

Sigave and Alo on the islands of Futuna and Alofi signed a treaty establishing a French protectorate on 16 February 1888 until annexed in 1917.

German

The German Empire used the word "Schutzgebiet", literally protectorate, for all of its colonies until they were lost during World War I, regardless of the actual level of government control. Cases involving indirect rule included;

Italian

Monaco under amical Protectorate of the Kingdom of Sardinia 20 November 1815 to 1860.

In the colonial empire:

Ethiopia: 2 May 1889 Treaty of Wuchale, in the Italian language version, stated that Ethiopia was to become an Italian protectorate, while the Ethiopian Amharic language version merely stated that the Emperor could, if he so chose, go through Italy to conduct foreign affairs. When the differences in the versions came to light, EmperorMenelik II abrogated first the article in question (XVII), and later the whole treaty. The event culminated in the First Italo-Ethiopian War, in which Ethiopia was victorious and defended her sovereignty in 1896.

Libya: on 15 October 1912 Italian protectorate declared over Cirenaica (Cyrenaica) until 17 May 1919.

Joint protectorates

The Adriatic Republic of Ragusa (presently Dubrovnik in Croatian Dalmatia) was a joint Habsburg Austrian - Ottoman Turkish protectorate 20 August 1684 - 24 August 1798 - so exceptionally both a Catholic and a Muslim protector

Bosnia and Herzegovina were a joint Austrian and Hungarian protectorate since 1878 which formally still belonged to the Ottoman Empire until 1908 when it was annexed by Austria-Hungary (see Bosnian crisis). Since the 1995 Dayton Agreement, Bosnia and Herzegovina is again sometimes described as a de facto international protectorate.

This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.

Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.

By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.